Circular 0084/2008
To the Management Authorities of Primary, Secondary, Community and
Comprehensive Schools
Revised Sequence of Maternity Leave / Adoptive Leave in respect of
Teachers and Special Needs Assistants.
1. Introduction
1.1
The sequence at present for absences from duty under the provisions of the
Maternity Protection Acts 1994 to 2004 applicable for teachers and special needs
assistants paid through Department payrolls are as follows:
 Maternity leave (first 26 weeks)
 Leave in lieu (under approved Maternity Leave scheme ) in respect of first 26
weeks
 Additional unpaid maternity leave (maximum 16 weeks)
 Additional leave in lieu in respect of unpaid maternity leave
1.2
A PRSI employment contribution credit may be given by the Department of
Social & Family Affairs for each week of additional unpaid statutory maternity
leave up to a maximum of 16 weeks.
1.3
The Department of Social & Family Affairs states that the additional unpaid
statutory leave must follow directly after paid statutory maternity leave. The
payment of leave in lieu is considered by the Department of Social & Family
Affairs to indicate a return to work, resulting in cessation of entitlement to credits.
1.4
To ensure that correct employment contributions are credited for each week that
statutory additional unpaid maternity leave is taken (under the terms of the
Maternity Protection Act, 1994 as amended by the Maternity Protection, Act
2004) it is necessary to change the sequence currently applying.
2. Revised sequence of leave
2.1
The new sequencing arrangement for maternity leave keyed to OLCS on or after
1st September 2008 will be;
 Maternity leave (first 26 weeks – statutory leave)
 Additional unpaid maternity leave (maximum 16weeks – statutory leave)
 Leave in lieu (under approved Maternity Leave scheme ) in respect of first 26
weeks
 Additional leave in lieu in respect of unpaid statutory maternity leave
2.2
In the case of teachers only, the existing provision to take non-statutory unpaid
maternity leave to the end of the school year will continue. Such leave must be
taken once all leave as outlined in 2.1 above is taken.
2.3
With regard to Adoptive Leave, the same arrangements as outlined in 2.1 and 2.2
above in relation to Maternity leave will apply.
3. Revision of Paragraph 6 and Appendices of Circular 0023/2007
3.1
This Circular (“On Line Claims System – Arrangements for Absence Notification
for Teachers and Special Needs Assistants”), which issued initially in February
2007 to Secondary, Community and Comprehensive Schools, provided Management
Authorities with details regarding leave of absence notification arising from the
introduction of the On Line Claims System (OLCS).
3.2
The Circular included Form ML 1 (Appendix 1) and AL 1 (Appendix 3) to be
completed in respect of Maternity Leave Absence and Adoptive Leave absence
respectively. It also included calculation examples for Maternity Leave Absence
and Adoptive Leave absence at Appendix 2 and Appendix 4 respectively. All of
these Appendices have now been amended to reflect the revised sequence
3.3
The amended Appendices are attached to this Circular and should be consulted
and used in respect of all cases of maternity leave / adoptive leave keyed to OLCS
on or after 1st September 2008.
3.4
Circular 0032/2007, which issued in March 2007, provided Primary schools with
information in relation to the introduction of OLCS in Primary schools.
4. Copies of Circular
School Management Authorities are requested to bring the contents of this
Circular to the attention of staff in the school, including those on sick leave,
maternity leave etc. This circular may also be accessed on the Department of
Education’s website at www.education.ie under Education Personnel/Primary or
Post Primary/Circulars and Information Booklets/Leave of Absence.
P. Maloney,
Principal Officer.
August 2008.
On Line Claim System - Arrangements for Absence Notification for
Teachers and Special Needs Assistants
Revised (August 2008) Appendix 1 – Circular 0023/2007
Form: ML 1
Page 1 of 2
Worksheet for Maternity Leave which is keyed on or after 1st September 2008
NAME:
PPS NO.
Date:
(1) Expected date of
Confinement (EDC)
(2) Commencement
Date:
(3) Maternity leave
end date
(4) Statutory Unpaid
Maternity Leave
(5) No. of Days in
Lieu* due in respect of
the period of Maternity
Leave
(6) No of days in lieu
due in respect of
Statutory Unpaid
Maternity Leave
(7) Application of
days in lieu (total of 5
and 6 above) on
completion of period
of Statutory Unpaid
Maternity Leave (4
above)
(8) Return to work
date:
Applicant must provide Doctor’s Cert.
to confirm this.
Date applicant wishes to commence
her leave. ( leave must be
commenced not later than 2 weeks
before the end of the week of
confinement, the end of the week
being a Saturday)
Count 26 weeks from date of
commencement (182 days)
The amount of unpaid leave applied
for by the applicant subject to the
maximum statutory unpaid leave
allowable of 16 weeks (112 days).
Statutory Unpaid Maternity Leave
must commence on the day
immediately after the completion of
Maternity Leave
Calculate the number of days the
school was closed Mon-Fri between
Date of commencement (at 2 above)
to end of statutory Mat. Leave (at 3
above) subject to a maximum of 30
days.
Calculate the number of days the
school was closed due to the
occurrence of a Bank Holiday during
the period specified at (4) above
Leave in lieu is awarded from the first
working day that occurs after the
Maternity leave end date or the
Statutory Unpaid Maternity Leave end
date if such leave is taken. It is only
awarded on working days that the
school is open, for example when
awarding back the days in lieu if you
come to a public holiday or a school
closure e.g. Weekends, Mid term,
School Holidays you skip over those
closures
Date immediately following the last
day in lieu. If the applicant is given a
date of return that falls on a weekend
or school closure the applicant does
not have to resume duty until the next
working day.
Date:
Date:
Dates
From:____________
To:_______________
No. of days:
No of days
Dates
From:__________________
To:___________________
Date:
*Leave in Lieu
Job-sharing teachers should refer to Circular Letter 18/98 Section 11 paragraph 11.3. There is
no entitlement to days in lieu for the first twelve days of the state examinations.
Appendix 1 – Circular 0023/2007
Form: ML1
Page 2 of 2
1. The following documents must be retained for record and audit purposes
Form/Cert
Attached
(Y/N)
Application form for maternity leave
Expected date of confinement certificate
Application for unpaid maternity leave (where applicable)
Birth Certificate or doctor’s certificate confirming date of
confinement if date of confinement occurred in a week that was 2
weeks or more before the expected date of maternity leave and
the applicant had not commenced her leave.
2. Social and Family Affairs Forms (applicable to A class PRSI contributors)
MB 10 form must be completed (including Part 4 by the School) and forwarded to Maternity
Benefit Section, Department of Social and Family Affairs, St Oliver Plunkett Road, Letterkenny,
Co Donegal.
Form
Date sent to Department of Social
and Family Affairs
MB10
3.
Verification by School Authority
I certify that the worksheet has been fully completed and the corresponding dates have been
entered on OLCS, that all the forms listed at 1 above have been retained in the school and
Form MB10 (where applicable) has been completed and sent to Department of Social and
Family Affairs.
Signature: ___________________________ Date ________
(On behalf of School Authority)
NOTES
Maternity Leave Entitlements
A. Statutory Leave
Maternity Leave
Maternity leave
26 weeks
Additional Unpaid
Maternity leave
16 weeks
Total leave
42 weeks
B. Non-statutory Maternity Leave to end of the school year (31st August), (Teachers
ONLY)
A teacher who, on completion of leave, additional leave and leave in lieu, as appropriate, may
avail of further unpaid leave referred to as “non-statutory leave to the end of the school year”
subject to obtaining written sanction from the managerial authority of the school, which body
should be notified four weeks in advance.
The period of maternity leave shall not extend beyond the day on which any fixed term
or fixed purpose contract of employment is due to cease.
On Line Claim System - Arrangements for Absence Notification for
Teachers and Special Needs Assistants
Revised (August 2008) Appendix 2 – Circular 0023/2007
Calculation of Maternity Leave which is keyed on or after 1st September 2008
Example
This example is based on the applicant’s EDC of 23rd January 2009, applicant choosing to
commence her leave on 7th January 2009 and choosing to take 108 days unpaid leave. It
should be noted that the latest date on which the applicant must commence maternity leave is
10th January 2009. The school is closed on the standard school closures and re-opening on
26th August 2009 after the summer holidays.
(1) Expected date of Confinement
(EDC)
(2) Commencement Date
(3) Maternity Leave end date
(4) Statutory Unpaid Maternity Leave
23rd January 2009
7th January 2009
7th July 2009
(26 weeks from 7th January 2009)
108 days
8th July 2009 to 23rd October 2009 inclusive
(5) No of days in Lieu which are due in
respect of Maternity Leave (3 above)
(6) No of days in Lieu which are due in
respect of Statutory Unpaid Maternity
Leave (4 above)
(7) Application of days in lieu (5 and 6
above) on completion of period of
Statutory Unpaid Maternity Leave (4
above)
Days in Lieu
School Closures from
7th Jan 2009 to 7th July 2009
5 days
1 day
10 days
1 day
1 day
12 days
30 days
16th – 20th Feb.
17th March
6th – 17th April
4th May
1st June
19th June – 7th July
Days in Lieu
Bank Holidays from
8th July 2009 to 23rd October
2009
1 day
3rd August 2009
1 day
Statutory Unpaid Maternity Leave completed on
23rd October 2009. A total of 31 days (30 + 1)
applied during the period 24th October 2009 to 14th
December 2009 inclusive.
This is made up by combining days in Lieu in
respect of:
(a) Maternity Leave – (5) above – 30 days
(b) Statutory Unpaid Maternity Leave – (6) above 1 day
(8) Return to work Date
Tuesday 15th December 2009
(9) Return to Work Date in case of
Teacher only (not SNA) who wishes to
take additional non-statutory unpaid
maternity leave to end of the school
year
Commencement date of 2010/11 school year
On Line Claim System - Arrangements for Absence Notification for
Teachers and Special Needs Assistants
Revised (August 2008) Appendix 3 – Circular 0023/2007
Form: AL 1
Page 1 of 3
ADOPTIVE LEAVE WORKSHEET
NAME:
PPS No.:
(1) Date of
Placement:
(2)
Commencement
date:
(3) Leave end
date:
(4) Statutory
Unpaid Adoptive
Leave
(5) No. of Days
in lieu due in
respect of
period of
Adoptive Leave*
(6) No. of Days
in lieu due in
respect of period
of Statutory
Unpaid Adoptive
Leave:
In the case of an Irish adoption, a certificate of placement,
indicating official date of placement/expected date of
placement should be enclosed. In the case of a Foreign
Adoption the applicant must give the employer a copy of the
declaration of eligibility and suitability (issued pursuant to the
Adoption Act, 1991) before the commencement of leave or
additional leave (whichever is the earlier). Particulars of the
placement must be furnished as soon as is reasonably
practicable thereafter.
Leave must commence from the date of placement of the
child. Section 1 of the Principal Act defines "day of
placement" as:
( a ) the day on which the child is placed physically in the
care of the adopting parent with a view to the making of an
adoption order, or
( b ) the day on which the child is placed physically in the
care of the adopting parent with a view to the effecting of a
foreign adoption, or
( c ) in the case of a foreign adoption, where the child has not
previously been placed in the care of the adopting parent, the
day on which the child has been so placed following the
adoption
Count 24 weeks from date of commencement (168 days)
The amount of unpaid leave applied for by the applicant
subject to the maximum statutory unpaid leave allowable is
16 weeks (112 days)
When calculating the return to work date following unpaid
adoptive leave, you count the unpaid days consecutively
(including weekends and public holidays) and award days
from the first working day immediately after the end of unpaid
leave in respect of the public holidays occurring during that
period of unpaid leave.
Foreign adoption: where a period of additional leave is
required before the day of placement, for the purposes of
familiarisation with the child who is to be adopted, some or all
of the additional leave may be taken before the day of
placement (Ref Section 8 of Principal Act, 1995).
Calculate the number of days the school was closed Mon-Fri
between Date of commencement (at 2 above) to end of
statutory Adoptive Leave (at 3 above) subject to a maximum
of 27 school days.
Calculate the number of days the school was closed due to
the occurrence of a Bank Holiday during the period
specified at (4) above
Date:
Date:
Date:
Dates:
From:____________________
To:______________________
No. of Days:
No of days
(7) Application
of days in lieu
(total of 5 and 6
above) on
completion of
period of
Statutory
Unpaid Adoptive
Leave (4 above)
(8) Return to
work date:
Leave is lieu is awarded from the first working day that
occurs after the Adoptive leave end date or the Statutory
Unpaid Adoptive Leave end date if such leave is taken. It is
only awarded on working days that the school is open, for
example when awarding back the days in lieu if you come to
a public holiday or a school closure e.g. Weekends, Mid
term, School Holidays you skip over those closures
This is the date immediately following the last day in lieu. If
the applicant is given a date of return that falls on a weekend
or school closure the applicant does not have to resume duty
until the next working day.
Dates:
From:____________________
To:______________________
Date:
*Leave in Lieu
Job-sharing teachers should refer to Circular Letter 18/98 Section 11 paragraph 11.3.
There is no entitlement to days in lieu for the first twelve days of the state examinations.
Revised (August 2008) Appendix 3 – Circular 0023/2007
Form: AL l
Page 3 of 3
1. The following documents must be retained for record and audit purposes
Form/Cert
Attached
(Y/N)
Application for adoptive leave
Certificate of placement
Application for unpaid adoptive leave
(where applicable)
2. Social and Family Affairs Forms (applicable to A class PRSI contributors)
AB1 form must be completed (including Part 4 by the School) and forwarded to Adoptive
Benefit Section, Department of Social and Family Affairs, St Oliver Plunkett Road, Letterkenny,
Co Donegal.
Form
Date sent to Department of Social
and Family Affairs
AB1
3.
Verification by School Authority
I certify that the worksheet has been fully completed and the corresponding dates have been
entered on OLCS, that all the forms listed at 1 above have been retained in the school and
Form AB1 (where applicable) has been completed and sent to Department of Social and Family
Affairs.
Signature: ___________________________ Date ________
(On behalf of School Authority)
NOTES
Adoptive Leave Entitlements
A. Statutory Leave
Adoptive Leave
leave commencing on
or after 1st March,
2007
24 weeks
Additional Unpaid
Adoptive leave
16 weeks if starting
unpaid after 1/3/07
Total leave
40 weeks
B. Non-Statutory Adoptive Leave to end of school year (31st August) (Teachers Only).
A teacher who, on completion of leave, additional leave and leave in lieu, as appropriate, may
avail of further unpaid leave referred to as “non-statutory leave to the end of the school year”
subject to obtaining written sanction from the managerial authority of the school, who should be
notified four weeks in advance.
The period of adoptive leave shall not extend beyond the day on which any fixed term or
fixed purpose contract of employment is due to cease.
On Line Claim System - Arrangements for Absence Notification for Teachers and
Special Needs Assistants
Revised (August 2008) Appendix 4 – Circular 0023/2007
Calculation of Adoptive Leave which is keyed on or after 1st September 2008
Example
This example is based on the applicant’s Date of placement of 21st January 2009 and choosing
to take 108 days unpaid leave. The school is closed on the standard school closures and reopening on the 26th August 2009 after the summer holidays.
(1)Date of Placement
21st January 2009
(2) Commencement Date
(3) Adoptive Leave end date
21st January 2009
7th July 2009
(24 weeks from 21st January 2009)
108 days
(4) Statutory Unpaid Adoptive Leave
8th July 2009 to 23rd October 2009 inclusive
(5) No of days in Lieu which are due in
respect of Adoptive Leave (3 above)
Days in Lieu
School Closures from
21st Jan 2009 to 7th July 2009
5 days
1 day
10 days
1 day
1 day
12 days
30 days
16th – 20th Feb.
17th March
6th – 17th April
4th May
1st June
19th June – 7th July
Maximum allowable is 27 days
(6) No of days in Lieu which are due in
respect of Statutory Unpaid Adoptive
Leave (4 above)
Days in Lieu
2009
1 day
1 day
(7) Application of days in lieu (5 and 6
above) on completion of period of
Statutory Unpaid Adoptive Leave (4
above)
Bank Holidays from
8th July 2009 to 23rd October
3rd August 2009
Statutory Unpaid Adoptive Leave completed on 23rd
October 2009. A total of 28 days (27 + 1) applied
during the period 24th October 2009 to 9th
December 2009 inclusive.
This is made up by combining days in Lieu in
respect of:
(b) Adoptive Leave – (5) above – 27 days
(b) Statutory Unpaid Adoptive Leave – (6) above - 1
day
(8) Return to work Date
Thursday 10th December 2009
(9) Return to Work Date in case of
Teacher only (not SNA) who wishes to
take additional non-statutory unpaid
adoptive leave to end of the school
year
Commencement date of 2010/11 school year